Wachovia Bank v. Coffey
Annotate this CaseThe issue on appeal before the Supreme Court in this case was a court of appeals' finding that Wachovia Bank, N.A. committed the unauthorized practice of law in closing a home equity loan in 2001. In 2001, Michael Coffey obtained a home equity line of credit from the Bank, using a Hilton Head Island home as collateral. While the mortgage documents the Bank prepared contained language that Michael owned the home, he was not on the title to the home. It belonged to his wife Ann alone. Ann did not sign the line of credit papers. The money was used to purchase a sailboat, the title of which placed in the name of A&M Partners, a company both Michael and Ann jointly owned. Michael made payments on the boat from a personal checking account. He died in 2005, and Ann continued to make payments from the same personal checking account until she decided to sell the boat through a broker. The Broker checked the status of the Bank's loan. It informed Ann that there was no lien or mortgage on the boat. Believing that the boat was then paid for, she sold the boat in 2006 and stopped making payments. Six months later, the Bank filed a foreclosure action against Michael's estate. Ann moved to dismiss, and the trial court granted her motion for summary judgment, citing the Bank's failure to perform due diligence to see that Michael did not own the property the Bank used as collateral for the loan. Finding that the Bank never held a valid mortgage, the Supreme Court affirmed the trial court's grant summary judgment.
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